Last month we wrote (see “A Bargain”) of a Mr. Vernor who, ultimately (by “ultimately” we meant “by an appellate court”), was shown to have been selling used computer software which he did not own. He thought that he owned it, but he didn’t. The folks from whom he had purchased it thought they had owned it, but they didn’t. They were merely LICENSEES, a fact which a trial court missed but which was caught by the appellate judges.
We recount all of this because: (1) it is important and worth repeating; and (2) the case SUBSEQUENTLY became the subject of an article in IP LAW 360. Yes, indeed, we were first with this important news and the corresponding warning and advice to our readers. So, reader, remember that you read it here first.